ACIT, Faridabad V. M/s. Marudhara India (P) Ltd., New Delhi

ITA 1502/DEL/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3761 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2002-2003
• Appeal Filed On: 06-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K GAUTAM
• Keywords: Tax effect
• Section: 207

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E : NEW DELHI BEFORE SHRI A.D.JAIN, JM AND SHRI R.C.SHARMA, AM ITA NOS.1501/DEL/2010 TO 1504/DEL/2010 ASSESSMENT YEARS : 2001-02 TO 2004-05 ASSTT.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, FARIDABAD. VS. M/S MARUDHARA INDIA (P) LTD., 807, PRAKASHDEEP BUILDING, 7, TOLSTOY MARG, NEW DELHI. PAN NO.AABCM7563N. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI M.K.GAUTAM, CIT-DR. RESPONDENT BY : NONE. ORDER PER BENCH : THESE ARE THE APPEALS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) FOR THE AY 2001-02, 2002-03, 2003-04 & 2004-05. 2. AT THE OUTSET, IT WAS POINTED OUT THAT TAX EFFEC T IN ALL THE APPEALS FILED BY THE REVENUE IS BELOW RS.2 LAKHS, THEREFORE REVENUE SHOU LD NOT HAVE COME IN APPEAL. 3. IT IS OBSERVED THAT THE APPEAL FILED BY THE REVE NUE IN THE DECISION RENDERED BY DELHI BENCH D OF THE TRIBUNAL IN THE CASE OF A CIT VS. MOHD.NASIR RENDERED VIDE ITS ORDER DATED 13.12.2006 IN IT(SS) A.NO.415/ DEL/2004 INVOLVING A TAX EFFECT OF LESS THAN RS.2 LAKHS WAS DISMISSED BY THE TRIBUNAL TREATING THE SAME TO BE NOT MAINTAINABLE RELYING, INTER ALIA , ON THE DECISION OF CALCUTTA SPECIAL BENCH OF ITAT IN THE CASE OF JCIT VS. PEERLESS DEVELOPERS PV T.LTD. 103 ITD 349 AND THAT OF DELHI A BENCH OF ITAT IN THE CASE OF ACIT VS. SATISH CHAND JAIN 10 SOT 383. TO THE SIMILAR EFFECT ALSO IS THE DECISION OF HON'BLE DELHI HIGH COURT IN THE CASE OF CIT VS. PRADEEP KUMAR GUPTA 207 CTR 115 W HEREIN IT HAS BEEN HELD THAT THE TAX EFFECT INVOLVED IN THE APPEAL OF THE R EVENUE FILED BEFORE THE HONBLE ITA-1501 TO 1504/D/2010 2 HIGH COURT BEING LESS THAN THE MONETARY LIMIT PRESC RIBED IN THE BOARDS CIRCULAR, THE SAME WAS NOT MAINTAINABLE. RESPECTFULLY FOLLOW ING THESE JUDICIAL PRONOUNCEMENTS, WE DISMISS THESE APPEALS FILED BY T HE REVENUE AT THE THRESHOLD TREATING THE SAME AS NOT MAINTAINABLE. 4. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AR E DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION OF HEARING ON 7 TH JUNE, 2010. SD/- SD/- (A.D.JAIN) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 07.06.2010. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR ITA-1501 TO 1504/D/2010 3